Information in accordance with Articles 13, 14 and 26 (2) 2 of the General Data Protection Regulation (GDPR).
Version: 08/15/2022
In the following Privacy Policy, CLAAS of America Inc. and 8401 S. 132nd Street, Omaha, NE 68138 (“CLAAS”) or your CLAAS Authorized Dealer (“CLAAS Authorised Dealer”) has provided information about how the personal data of customers, potential customers and interested parties is processed. If CLAAS or CLAAS authorised dealers process your data, they are also referred to as “we” or “us”. CLAAS and CLAAS authorised dealers provide information as separate responsible bodies, unless otherwise specified in the Privacy Policy.
Content overview:
A. General data protection information
B. Sale of products and services
C. Provision of services and maintenance, technical support
D. Customer support
E. Measures for business control and optimisation of our business processes
F. Cooperation in sales and customer care (including administrative processes)
G. marketing communication (including customer satisfaction surveys, market and opinion research)
H. Product monitoring, product safety
I. Quality assurance, product improvement and new product development
J. Event management
K. Corporate transactions
L. Building and factory security measures
A. General data protection information
I. Name and contact details of the controllers and contact details of the Data Protection Officer
The controller is:
CLAAS of America, Inc. CLAAS has not appointed a company Data Protection Officer. The Group Data Protection Officer of the CLAAS Group can be contacted as follows: | or | The CLAAS authorised dealer responsible for you or selected by you (https://www.claasofamerica.com/sales-financing/dealer-start) If the CLAAS authorised dealer has appointed a Data Protection Officer, you can find his or her contact details on the CLAAS authorised dealer's website. This can also be requested from CLAAS at any time using the contact details above. |
II. Storage period
We only store your personal data for as long as necessary to achieve the purpose for which it was collected or processed. If necessary, we will save your data for the duration of the business relationship. This in particular includes the initiation and execution of the contract.
We also store your personal data if and for as long as necessary to fulfil contractual or legal obligations. We therefore process your data to fulfil commercial or tax law proof and retention obligations.
If the data is no longer required for the fulfilment of contractual or legal obligations, it is usually deleted unless you have given us your consent to process your data and/or further processing is necessary on the basis of our legitimate interests, e.g. to win back customers or defend against legal claims in litigation. When processing data to defend against legal claims in litigation, the storage period is also based on the statutory limitation periods (e.g. civil law and product liability law). In this case, processing will be restricted, i.e. restricted to the minimum necessary for this purpose and blocked for other purposes.
The above does not apply if specified otherwise in the special Privacy Policy.
III. Categories of recipients
- Carefully selected service providers. Service providers we have commissioned and who support us in executing the business relationship will receive access to the data. These are companies in the categories of hosting providers, data management, software as a service, email services, IT services (e.g. maintenance and support, data migration), consulting, service providers within the context of first, second and third-level support, call centre services, customer management, lettershops, marketing, media technology, telecommunications, customer relationship and lead management, tracking service providers, web agencies, compliance, disposal services (e.g. document shredders), companies which carry out analyses for us, financial management service providers, shipping and logistics services, printing services, technology service providers (e.g. for hardware and accessories). Please refer to the respective special Privacy Policy for any further categories of service providers used.
- Data transfers within the CLAAS Group.
- by CLAAS to CLAAS KGaA mbH (Mühlenwinkel 1, 33428 Harsewinkel, Germany) for internal administrative purposes, in particular master data management, ensuring compliance requirements (e.g. preventing the infringement of money laundering bans) and proper business processes, per-forming audits and special reviews, internal investigations and group reporting, group accounting, controlling, risk management, reporting, safeguarding operations and the restoration of IT systems (logging, monitoring, defence against unauthorised access, incident management, processing of data protection rights and the fulfilment of our and their sales, service and administrative purposes, assertion of legal claims, defence in litigation
- by CLAAS to CLAAS Service and Parts GmbH (Mühlenwinkel 1, 33428 Harsewinkel, Germany) for the purpose of obtaining technical support, keeping an electronic service and maintenance his-tory so that you are free to choose your garage, for promotional communication, reporting and the provision of products and services which have been requested or used, including procurement (e.g. direct delivery of spare parts for harvesting), use of support services (e.g. product and customer support), review of warranty, goodwill and reimbursement claims, price calculation, product monitoring, product safety, product defence, quality assurance, improvement of business processes, assertion of legal claims, defence in litigation
- by CLAAS to CLAAS Global Sales GmbH (Mühlenwinkel 1, 33428 Harsewinkel, Germany) for the purpose of the further development and improvement of products, services and processes, reporting, provision of requested or used products and services, use of support services (e.g. product and customer support), marketing communication, assertion of legal claims, defence in litigation
- Data transfers from CLAAS group companies to CLAAS
- by CLAAS Global Sales GmbH to CLAAS for the purpose of providing requested or used products and services, making use of support services (e.g. product and customer support), tracking and responding to your enquiries (e.g. if you submit an enquiry through them offline or using online applications operated by them if CLAAS or a CLAAS authorised dealer in the CLAAS sales territory is responsible for processing these enquiries), marketing communication, new customer acquisition, sales management, the improvement of our products, services and business processes
- by CLAAS Service and Parts GmbH to CLAAS for the purpose of providing technical sup-port and requested or used products and services, including procurement, tracking and responding to your enquiries (if you submit an enquiry through them offline or using online applications operated by them if CLAAS or a CLAAS authorised dealer in the CLAAS sales territory is responsible for processing these enquiries), product monitoring and product safety, quality assurance, product defence, improvement of our business processes, provision of support services (e.g. product and customer support), review of reimbursement claims (e.g. warranty, goodwill and reimbursement claims), price calculation, promotional communication, assertion of legal claims, defence in litigation
- by CLAAS KGaA mbH to CLAAS for tracking and responding to your enquiries (e.g. if you submit an enquiry through them offline or using online applications operated by them if CLAAS or a CLAAS authorised dealer in the CLAAS sales territory is responsible for processing these enquiries), for internal administrative purposes, in particular master data management, for the purpose of ensuring compliance requirements and proper business processes, business control, risk management, securing the operation and restoration of IT systems (logging, monitoring, defence against unauthorised access, incident management, processing data protection rights, fulfilment of our and their sales, service and administrative purposes, assertion of legal claims, defence in litigation
- We pass on data updates to companies in the CLAAS Group from your address database for the purpose of processing accurate data. The legal basis is Art. 6(1) 1 f GDPR; Section 26 (1) 1 BDSG; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574. Our legitimate interest lies in the aforementioned purpose. For further information, please contact CLAAS at any time (see Section AI).
- The legal basis for the data transmission according to Section III.2. is Art. 6 (1) 1 point f GDPR; Section 26 (1) 1 BDSG; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574 on the basis of our legitimate interests in the fulfilment of the purposes mentioned therein. If your data is passed on in order to initiate a contract on your initiative or if transmission of this data is necessary to fulfil contractual obligations or takes place with your consent, the legal basis is Art. 6 (1) 1 point b GDPR or Art. 6 (1) 1 point a GDPR; Section 26 (1) 1 BDSG; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574. Where we are obliged to transfer the data by law, the legal basis is Art. 6(1) 1 c GDPR; Sec-tion 26 (1) 1 BDSG; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574. For other forwarding of data to third parties, please refer to the particular information on data protection.
- Data transmission to third parties with whom CLAAS has an ongoing business relationship (in particular CLAAS authorised dealers) in order to track and respond to your enquiries (e.g. if you submit an enquiry offline or online to CLAAS or CLAAS group companies which CLAAS or a CLAAS authorised dealer in the CLAAS sales territory is responsible for processing, e.g. a request for a test drive, requests for quotations), for the purpose of acquiring new customers and customer care (including jointly with the CLAAS authorised dealer), sales management, including success monitoring. If you have not selected a CLAAS authorised dealer, we will forward your request to the CLAAS authorised dealer responsible for you in your region. We pass on data updates to CLAAS authorised dealers which you have added to your address database. Furthermore, CLAAS also transmits your data to your CLAAS authorised dealer for the purpose of fulfilling contractual obligations within the context of performing or arranging test drives and machine demonstrations, training courses, for price calculations, processing orders, checking warranty, guarantee and goodwill applications, brokering financing, for event registration, for the purpose of quality assurance, product monitoring, product defence and product safety, product improvements, improvement of our sales and service processes, carrying out market analyses, processing data protection rights, direct marketing, customer data management, referring interested parties. The legal basis for the data transfers according to Section III.3. is Art. 6 (1) 1 point f GDPR; Section 26 (1) 1 BDSG; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574 on the basis of our legitimate interests in the fulfilment of the aforementioned purposes. If your data is passed on in order to initiate a contract or if transmission of this data is necessary to fulfil contractual obligations or takes place with your consent, the legal basis is Art. 6 (1) 1 point b GDPR or Art. 6 (1) 1 point a GDPR; Section 26 (1) 1 BDSG; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574. Where we are obliged to transfer the data by law, the legal basis is Art. 6(1) 1 c GDPR; Section 26 (1) 1 BDSG; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574.
- Data transmission from the CLAAS authorised dealer to the CLAAS Group through the systems provided by the CLAAS Group companies:
- CLAAS for the purpose of fulfilling contractual obligations within the context of performing or arranging test drives and machine demonstrations, training, for the purpose of customer service (including jointly with the CLAAS authorised dealer), for price calculations, incentive and commission management, the processing of orders, checking warranty, guarantee and goodwill applications, financing brokerage, for the processing of your enquiries by the responsible sales company (e.g. tracking complaints), for registration for CLAAS events, for the purpose of quality assurance, product monitoring, product defence and product safety, product improvement, improvement of our sales and service processes, implementation of market analyses, processing of data protection rights, direct marketing, reporting, sales control, customer data management, referral of interested parties.
- CLAAS Service and Parts GmbH for the purpose of customer service, for price calculations, the processing of orders, within the context of the use or provision of technical and product-related support, for the review of reimbursement claims (e.g. for warranty, guarantee and goodwill applications), when processing your enquiries (e.g. tracking complaints), for the purpose of quality assurance, product monitoring, product defence and product safety, product improvement, improvement of our sales and service processes, processing of data protection rights, marketing communication.
- CLAAS Global Sales GmbH for the purpose of customer and product support (e.g. by the responsible CLAAS product manager), promotional communication, the improvement of sales processes, products and services, to provide product-related support within the scope of customer care.
- CLAAS KGaA mbH for the purpose of master data management, improvement of sales and service processes, market analyses, processing of data protection rights, direct marketing.
- Data updates CLAAS authorised dealers pass on data stored in your address database to the companies of the CLAAS Group for the purpose of processing accurate data. The legal basis is Art. 6(1) 1 f GDPR; Section 26 (1) 1 BDSG; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574. Our legitimate interest lies in the aforementioned purpose. For further information, please contact CLAAS at any time (see Section AI).
- The legal basis for the data transmission according to Section III.2. is Art. 6 (1) 1 point f GDPR; Section 26 (1) 1 BDSG; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574 on the basis of our legitimate interests in the fulfilment of the purposes mentioned therein. If your data is passed on in order to initiate a contract on your initiative or if transmission of this data is necessary to fulfil contractual obligations or takes place with your consent, the legal basis is Art. 6 (1) 1 point b GDPR or Art. 6 (1) 1 point a GDPR; Section 26 (1) 1 BDSG; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574. Where we are obliged to transfer the data by law, the legal basis is Art. 6(1) 1 c GDPR; Section 26 (1) 1 BDSG; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574. For other forwarding of data to third parties, please refer to the particular information on data protection.
- Forwarding to selected third parties. We also pass on your data to third parties if permitted or required by legal or contractual provisions and/or if you have given your consent. Subject to this, the data may be transferred to the following categories of recipients: Public bodies and institutions (e.g. public prosecutor's office, police, tax authority, supervisory authority) for processing official inquiries, to the extent that this is in your interest or we are legally obliged to do so. The legal basis for this is Art. 6 (1) 1 points f and c GDPR; Section 26 (1) 1 BDSG; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574. Within the context of corporate transactions, we also pass on your data to companies which transfer our rights to within the scope of a potential sale in one or more business areas. We also pass on your data to banks and financial institutions in order to process payments or fulfil the brokerage contract with the financial service provider you have selected, to auditors, lawyers and tax consultants within the context of audits, to ensure compliance and support in compliance with legal requirements and for the assertion of claims and defence in litigation. The legal basis is our legitimate interest in the fulfilment of a brokerage contract for financing, the assertion of claims and defence in litigation, the fulfilment and review of our processes and applicable legal regulations, Art. 6 (1) 1 point f GDPR; Section 26 (1) 1 BDSG; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574
IV. Source of the data
- Information we collect from you. We process the personal data (hereinafter referred to as the “da-ta”) we receive from you when
- Transactions are initiated and contracts are processed
- You purchase or use our products, services or other offers or get in contact with us
- You consent to promotional messages
- Information we receive from third parties. We also process data we are permitted to use which we receive from
- the companies listed in Section A.III.2. and 3. of the CLAAS Group for the purposes named therein
- Credit agencies and creditor protection associations for the purpose of credit checks,
- Public authorities for the purpose of answering government inquiries, as well as
- Other third parties with whom we have a (long-term) business relationship: such as your CLAAS authorised dealer or CLAAS as well as other third parties, such as certified address sellers
- Data from publicly available sources. We also process data which we legitimately obtain from publicly accessible sources (e.g. commercial register, company register, land register, debtor registers, insolvency notices, media, sanction lists) for the purpose of fulfilling compliance and legal requirements, risk management, verification of data (e.g. address validation), acquisition of new customers, conducting market research.
V. Forwarding to third countries
Data will be transferred to third countries (countries outside the EU or the European Economic Area – EEA) if, for example, this is
- necessary to fulfil a contract to which you are a party or in response to your enquiries,
- necessary to safeguard our legitimate interests,
- prescribed by law, or if you have given us your consent
carried out during processing where service providers are involved.
If we transmit your personal data ourselves or through service providers in countries outside of the EU or the EEA, we comply with the special requirements of Art. 44–49 GDPR and also oblige our service providers to adhere to these regulations. We therefore only transfer your data to countries outside the European Union which are subject to the level of protection guaranteed by the GDPR. This level of protection is in particular ensured on the basis of an adequacy decision by the EU Commission, Art. 45 GDPR, through binding internal data protection provisions according to Art. 47 GDPR or by corresponding contracts, in particular by agreeing on the EU Standard Contractual Clauses of the European Union with the recipient. Otherwise, we can also transmit data on the basis of your express consent. The legal basis for this is Art. 49 (1) 1 point a GDPR; Section 26 (1) 1 BDSG; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574. You can revoke your consent at any time with future effect, see Section A.VII. We can provide you with more detailed information free of charge upon request using the contact details above.
Kindly take note that the following risks exist insofar as we use your consent as the sole basis for processing by recipients that do not provide an adequate level of data privacy: There may not be sufficient rules for the adequate protection of your personal data; there is no supervisory authority for data privacy; the exercise of your data privacy rights may be difficult or disregarded; there are no controls over the processing and transfer of data to third parties.
We would be glad to provide you with more detailed information at no charge. Simply send a request to us using the contact information provided above.
VI. Obligation to provide personal data
Unless otherwise specified in the particular information on data privacy, you are under no legal or contractual obligation to provide your data.
VII. Rights of the data subject
In accordance with Art. 15 GDPR, you have the right to obtain information about your stored data. If incorrect personal data has been processed, you have the right to rectification in accordance with Art. 16 GDPR. If the legal requirements are met, you can demand erasure of your personal data or restriction of their processing and object to the processing of your data (Articles 17, 18 and 21 GDPR). According to Art. 20 GDPR, you can exercise your right to data portability with regard to the data which are processed by automated means based on your consent or on a contract with you.
Information regarding your right to object according to Art. 21 GDPR |
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Right to withdraw your consent in accordance with Art. 7 (3) GDPR |
Where you consented to the processing of your personal data, you have the right to withdraw your consent at any time. The withdrawal of your consent will not affect the legality of the processing carried out on the basis of your consent up to the point of withdrawal. Withdrawal of consent does not require any specific form and may be sent to the contact addresses provided in Part A. II. Should CLAAS provide additional options for withdrawing consent (e.g. unsubscribe link in every newsletter email), you will be advised of this in the particular information on data privacy. |
You can exercise your rights against CLAAS or the CLAAS authorised dealer using the contact details provided in Part A. I.
If you believe that any processing of your data infringes data privacy law, you have the right to lodge a complaint with a data protection authority of your choice. (Art. 77 GDPR).
You can of course also use the contact details in Section AI at any time to send any complaints about data protection.
If you exercise data subject rights under data protection law, we will process your data to fulfil our legal obligations in accordance with Art. 6 (1) 1 lit. c GDPR; Section 26 (1) 1 BDSG; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574 in conjunction with Art. 15–22, 12 (3–6) GDPR and Art. 7 (3) GDPR. This includes the processing of your data for the purpose of clearly identifying the data subject affected by the data processing and requesting additional information to confirm your identity. We pass on data relating to data subjects to the recipients of the data within the meaning of Art. 19 GDPR, insofar as this relates to requests for rectification of the data, erasure or restriction of processing (Art. 16, 17 (1), 18 GDPR) and insofar as this is necessary to effectively enforce your rights (Art. 6 (1) 1 points c and f GDPR; Section 26 (1) 1 BDSG; PIPEDA Sec. 6.1; BC PIPA Part 3, Sec. 6; AB PIPA Div. 2, Sec. 7; Quebec Private Sector Act Div II, Sec. 6; CCPA 1798.100; and VDPCA 59.1-574) and to notify you as the data subject (Art. 12 GDPR). We do this based on our legal obligation according to Art. 12 (6) GDPR.